Background

The "revolving door" provision of article XXIX of the Colorado Constitution (commonly referred to as Amendment 41) prohibits statewide elected officeholders and members of the General Assembly from personally representing another person or entity for compensation before any other statewide elected officeholder or member of the General Assembly for a period of two years after leaving office. In addition, the statutory code of ethics prohibits a member of the General Assembly from lobbying, soliciting lobbying business or contracts, or otherwise establishing a lobbying business or practice prior to the expiration of the legislator's term. Section 24-18-106 (3), C.R.S.

Hypothetical

Post-legislative employment on a board that participates in public policy issues

You are a term-limited legislator and you have been offered a paid position as a director on the board of directors of a nonprofit organization that focuses on health care issues. Although you will be a member of the board, you believe that there is an expectation, because of your former role as a legislator, that you will lobby members on certain issues important to the organization and even appear and testify before committees of the General Assembly when health care bills of interest to the organization are being considered.

Question

May you accept the position as a member of the board of directors?

1. YES, so long as you have not solicited any lobbying business or contracts or established a lobbying business or practice before your term actually expires.
2. YES, so long as you register in accordance with the rules of the Secretary of State.
3. YES, because the members of the General Assembly are your friends and you will not really be lobbying them so much as chatting informally with them about topics of interest to them.
4. NO, because Amendment 41 prohibits former members of the General Assembly from personally representing another person or entity for compensation before any other statewide elected officeholder or member of the General Assembly for two years after leaving office.

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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.